Will Your License be Suspended When Charged with New Jersey DWI?
Interviewer: What happens to your license at the point of arrest? Do they take it from you? What do they do?
Paul: No, since you are not convicted of a crime you’re still afforded the opportunity and your driving privileges in New Jersey are not suspended.
Interviewer: You mentioned the license suspension is handled through the Dept. of Motor Vehicles. So do you have to go and speak before the motor vehicle bureau on the case, or is it just all handled through the court?
Paul: Well, you surrender your license, if convicted, and you have a license suspension. You will surrender your license to the court on that day. And then, to restore your license you’ll be working with the Department of Motor Vehicles.
Interviewer: Do you typically have to get involved in helping people restore their licenses?
Paul: Generally not, unless there is an administrative error that we can clear up by providing paperwork from the court.
Commercial Driver’s and a DWI Charge
Interviewer: Don’t we generally have laws for people that have a blood alcohol level below 0.08?
Paul: They do. It’s dependent upon normally if they have a commercial driver’s license and they are subject to a lower legal limit.
Interviewer: And for CDL holders, they can face loss of their CDL license basically, right.
Paul: Correct. I think that 0.04 is the level for someone with a CDL, which is frustrating, because I was able to resolve a case, but my client had a 0.08. He was driving home from a golf course, just visiting with his buddies, a retired gentleman, but he drives a school bus, and he had a CDL.
What I was able to do was get him just a reckless driving with a 20-day loss of license that he could serve over the summer. It was nice. I think if it was just a straight DUI I would have been able to crush it out of the park, but since he had the CDL the case is viewed differently by the courts He was tremendously happy with the outcome.
NO JAIL TIME
Commonwealth v. "H" (DUI case)
Client was charged with three separate DUI cases calling for mandatory minimum imprisonment of 90 days on each case. Client was advised to seek immediate intensive alcohol counseling. Client was sentenced to 1 year of house arrest after serving 3 days in the county prison.
Commonwealth v. "C" (Felony drug/Firearms case)
Client was charged with felony Delivery of drugs and illegal gun possession and was facing a mandatory 3-6 year prison sentence in the State prison system. Client was sentenced to one year of house arrest.
Commonwealth v. "S"
Client was charged with simple assault, domestic. After a hearing where evidence and testimony was presented, the entire case was dismissed by Judge Leonard Brown.
State of New Jersey v. "H"
Charges for young man charged with second degree aggravated assault were downgraded to third degree and he was accepted into the County Pretrial Intervention program with charges to be dismissed and record expunged after one year of misconduct free behavior.
OUR CRIMINAL DEFENSE TEAM INCLUDES TWO FORMER DISTRICT ATTORNEYS
We have decades of experience dealing with local police departments, prosecutors, and judges throughout southeastern Pennsylvania and New Jersey.
Anyone facing charges involving a criminal offense can expect to experience a heightened degree of emotional turmoil, for themselves, as well as their family members. Our team of highly qualified criminal law attorneys and expert legal support staff are committed to providing each of our client’s with the compassion and understanding they deserve, as well as an aggressive plan for representation at an affordable price.
As former prosecutors, we have a balanced and in-depth understanding of the criminal justice system and how the prosecution prepares cases. In addition, we have long-standing experience dealing with local police departments, prosecutors and judges throughout southeastern Pennsylvania and New Jersey.
At Young, Marr and Associates, when we say “experience matters,” we mean it. Our lawyers, which include two former prosecutors and a former senior deputy district attorney bring more than three decades of criminal law experience, handling more than 10,000 criminal cases. It is precisely that experience that allows us to achieve outstanding results for our clients facing DUI, traffic, felony and misdemeanor charges in state, federal and juvenile courts.